"(b)During the inspection, the licensee or the
licensee's authorized representative shall be present at the growing area.The licensee or authorized representative
shall provide the [board's] inspector with complete and unrestricted
access to all industrial hemp plants and seeds whether growing or harvested;
all land, buildings, and other structures used for the cultivation and storage
of industrial hemp; and all documents and records pertaining to the licensee's
industrial hemp business.

(c)Sampling of industrial hemp plants [shall]
may occur in the following manner[:] or according to sampling
protocol for industrial hemp set or adopted by the state department of agriculture:

(1)Samples of each variety of industrial hemp may
be sampled from the growing areas at the [board's] discretion[;] of
the chairperson or the chairperson's designee;

(2)Quantitative laboratory determination of the
delta-9 tetrahydrocannabinol concentration on a dry weight basis shall be
performed according to protocols approved by the chairperson;

(3)A sample test result greater than 0.3 per cent
of delta-9 tetrahydrocannabinol concentration or a tetrahydrocannabinol
concentration allowed by federal law, whichever is greater, shall be considered
conclusive evidence that at least one cannabis plant or part of a plant in the
growing area contains a delta-9 tetrahydrocannabinol concentration over the
limit allowed for industrial hemp and that the licensee of that growing area is
therefore not in compliance with this part.Upon receipt of such a test result, the chairperson may summarily
suspend and revoke the license of an industrial hemp licensee.The chairperson shall furnish to the licensee
a portion of the violative sample if the licensee requests it within thirty
days of notification; and

(4)Test results from an institution of higher
education may, at the chairperson's discretion, be accepted in lieu of board
sampling.

(d)Licensees shall pay a charge of [$35] $40
per hour per inspector, or fees established pursuant to section 147-102 when
such services are performed by temporary inspectors, for actual drive time,
mileage, inspection, and sampling time[.], and charges for traveling
expenses and extraordinary services when the performance of the services
involves unusual costs."

"(a)There is created in the state treasury a
special fund to be designated as the industrial hemp special fund to be
administered by the department of agriculture.Moneys deposited in this special fund shall be used to fulfill the
purposes of this part and shall include:

(1)Any moneys
appropriated by the legislature to the special fund;

(2)Any fees collected
by the department of agriculture in relation to the industrial hemp pilot
program[;], except for fees collected for the services provided by
temporary inspectors, as specified in section 141-37; and

(3)The interest or
return on investments earned from moneys in the special fund."

"§147-101Certification services revolving fund.There is established a certification services
revolving fund for use by the department of agriculture to support
certification [or], audit, or inspection services
established under parts I, III, IV, VIII, and IX[.], and section
141-37.Moneys in the fund may be
expended for materials, salaries, equipment, training, travel, and other costs
related to providing certification [or], audit services[.],
and inspections.Notwithstanding
sections 147-10, 147-34, 147-64, 147-114 [and], 147-126, and
141-37, moneys derived from the certification [or], audit
services, or inspections provided by temporary inspectors employed under
this part or from charges for traveling expenses or extraordinary services
shall be deposited into the fund."

"[[]§147-102[]]Certification [and], audit,
and inspection services.The
department of agriculture shall fix, assess, and collect fees for certification
[or], audit, or inspection services provided by temporary
inspectors employed under this part.The
fees shall be in amounts necessary to cover all costs of the administration and
provision of the certification [or], audit, or inspection
services provided under this part; provided that the department of agriculture
shall establish charges for traveling expenses and extraordinary services when
the performance of the services involves unusual cost.The fees and charges established by the
department of agriculture shall not be subject to chapter 91.The department of agriculture may employ
temporary inspectors to assist in providing certification [or],
audit, or inspection services under parts I, III, IV, VIII, and IX, and
section 141-37, and those temporary inspectors shall be exempt from chapter
76."

SECTION
5.Statutory material to be repealed is
bracketed and stricken.New statutory
material is underscored.

Authorizes the department of agriculture to allow
temporary inspectors to perform industrial hemp inspections and to deposit fees
from inspections by temporary inspectors into the certification services
revolving fund.Authorizes the
department of agriculture to adopt an alternative method of sampling industrial
hemp plants.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.